May 11, 1998 - Regular City Council Meeting

CITY OF CENTRAL FALLS

REGULAR CITY COUNCIL MEETING

MONDAY, MAY 11, 1998

AT 7:00 PM

CITY HALL COUNCIL CHAMBERS

A REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL CHAMBERS AT 7:25 P.M.

ROLL CALL

COUNCILWOMAN MOREAU

COUNCILMAN WEBER

COUNCILMAN CANAVAN

COUNCILMAN FERRI

COUNCILMAN NOURY

QUORUM PRESENT.

PLEDGE OF ALLEGIANCE

COUNCIL PRESIDENT ROBERT CANAVAN PRESIDED AND LED THE ASSEMBLY IN THE PLEDGE OF ALLEGIANCE.

PUBLIC COMMENT ON AGENDA ITEMS

NONE

CORRESPONDENCES

CENTRAL FALLS FAMILY SELF SUFFICIENCY FOUNDATION RE: THANK YOU FOR YOUR DONATION

TOWN OF WESTERLY RE: ENDORSEMENT OF RESOLUTION RE: NURSE-TEACHER

TOWN OF CUMBERLAND RE: SUPPORT OF PASSAGE OF SENATE BILL 98S-2251

MOTION TO ACCEPT COLLECTIVELY AND PLACE ON FILE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

ACTING DEPUTY MARIE TWOHEY: RE: HECTOR SOLIS/MUFFLERS UNLIMITED-NOTICE TO APPEAR

MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILMAN WEBER.

MOTION CARRIED 5 YES 0 NO O ABSENT.

FROM MATTHEW T. OLIVERIO RE: ANTI-NUDITY ORDINANCE

MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILMAN WEBER.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

JOHN P KUZMISKI: RE: AUDITING SERVICES "98" (VOTE NEEDED)

MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN WEBER.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

ROBERT MARTEL, PLUMBING INSPECTOR; RESIGNATION

MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILWOMAN MOREAU.

COUNCILMAN WEBER STATED THAT IT IS WITH REGRET THAT THE COUNCIL MUST ACCEPT THIS RESIGNATION AND ASKED THAT THE COUNCIL ADVERTISE FOR THIS POSITION AT THIS TIME.

COUNCIL PRESIDENT CANAVAN INSTRUCTED THE CITY CLERK TO ADVERTISE FOR THIS POSITION AND ASKED COUNCILMAN WEBER AND COUNCILMAN FERRI TO INTERVIEW THE RESPONDENTS AND MAKE RECOMMENDATIONS TO THE COUNCIL FOR APPOINTMENT.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

BOARD OF PENSIONS & RETIREMENT

BATTALION CHIEF RENE E. GENDREAU

PVT. FIRST CLASS PAUL GAGNON-DISABILITY PENSION

MOTION TO ACCEPT COLLECTIVELY THE RECOMMENDATIONS OF THE BOARD OF PENSIONS AND RETIREMENT WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILMAN FERRI AND COUNCILWOMAN MOREAU.

COUNCILMAN WEBER AND COUNCILWOMAN MOREAU FOR THE ENTIRE CITY COUNCIL AND THE CITY PRAISED BOTH MEN FOR THEIR OUTSTANDING CITY SERVICE.

COUNCIL PRESIDENT CANAVAN COMMENTED.

MATTHEW OLIVERIO REMINDED THE COUNCIL THAT THE MATTER WITH REGARDS TO THE POSITION OF DEPUTY CHIEF IS A GRIEVANCE MATTER AND SHOULD NOT BE DISCUSSED OPENLY AT THIS TIME.

COUNCIL MEMBERS QUESTIONED THE CITY SOLICITOR.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

CITY OFFICER'S REPORTS

CODE ENFORCEMENT; POLICE REPORT; MUNICIPAL COURT REPORT

MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILWOMAN MOREAU AND SECONDED BY COUNCILMAN FERRI.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

LICENSES

MARIO ANDRADE, LUIS CARDENAS & HUGO MOLINA

D/B/A M & M'S AUTO REPAIR

96 BLACKSTONE ST.

APPLICANTS FAILED TO APPEAR.

COUNCIL PRESIDENT CANAVAN EXPRESS HIS CONCERNS ABOUT THE APPEARANCE OF THE BUILDING.

COUNCILMAN FERRI STATED THAT HE WAS INFORMED THAT THE AREA WOULD BE CLEANED AND THAT ONLY ONE BUSINESS WOULD BE IN THIS LOCATION. HE STATED THAT THE APPLICANT HAS BEEN MADE AWARE OF THE PARKING PROHIBITION FROM WALNUT STREET TO THE TRESSES. NO PARKING ON EITHER SIDE.

COUNCIL MEMBERS ASKED THAT DONALD HOULE BE PRESENT AT THE NEXT MEETING WITH REGARDS TO THIS APPLICATION.

MOTION TO TABLE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

WILLIAM SANCHEZ

D/B/A WILLIAM'S FINANCIAL SERVICES INC

747 BROAD ST.

MOTION TO TABLE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILMAN NOURY.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

FRANCO AMERICAN WAR VETS

FAWN POST 14 INC

35 FALES ST.

COUNCILMAN NOURY ASKED THAT THIS LICENSE BE AMENDED FROM CLASS C TO CLASS D AND ASKED THAT ACTION BE TABLED FOR THE PRESENT.

MOTION SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT

GAIL J MINKE

D/B/A ISLAND TANNING & SALON

747 BROAD ST.

COUNCIL MEMBERS QUESTIONED THE APPLICANT.

MOTION TO APPROVE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

DORIS E GONZALEZ

D/B/A MI ESTANCIA RESTAURANT

1254 BROAD ST

COUNCIL MEMBERS QUESTIONED THE APPLICANT.

MOTION TO APPROVE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

MAYOR'S APPOINTMENT

JUVENILE HEARING BOARD:

EX-OFFICIO COUNCILMAN ROBERT F WEBER, JR.

531 HUNT ST

MOTION TO APPROVE WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 4 YES 0 NO 1 ABSTAIN 0 ABSENT.

RE-APPOINTMENT

ALIDO BALDERA (TERM TO EXPIRE 2001)

MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILWOMAN MOREAU AND COUNCILMAN FERRI.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

PRIVATE DETECTIVE LICENSE (RENEWAL)

WILLIAM BENSON JR.

LONSDALE AVE.

CENTRAL FALLS, RI

MOTION TO APPROVE WAS MADE BY COUNCILWOMAN MOREAU AND SECONDED BY COUNCILMAN WEBER AND COUNCILMAN NOURY.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

CONSTABLE LICENSE (RENEWAL)

JUDITH VILLASENOR

48 SUMNER AVE

MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILWOMAN MOREAU.

COUNCILMAN NOURY                              YES

COUNCILMAN FERRI                                 YES

COUNCILMAN WEBER                               YES

COUNCILWOMAN MOREAU                     YES

COUNCILMAN CANAVAN                        YES

MOTION CARRIED 5 YES 0 NO O ABSENT.

PUBLIC INPUT/COMMENTS ON ANY CONCERNS

A RESIDENT LIVING AT 576 PINE STREET COMMENTED ON THE NOISE AND REPETITIOUS MUSIC COMING FROM ICE CREAM TRUCKS. HE URGED THE COUNCIL TO REGULATE THE SOUNDS COMING FROM THESE VEHICLES AS THEY ARE ANNOYING TO MOST PEOPLE.

COUNCIL MEMBERS DISCUSSED THIS ISSUE.

RESOLUTIONS

"NATIONAL PUBLIC WORKS WEEK" MAY 17TH THROUGH MAY 23RD

MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILMAN FERRI.

ORDINANCE (INTRODUCTION)

AN ORDINANCE INCREASING THE CLASS D LICENSE BY ONE (AN THE INTRODUCTION OF COUNCILMAN NOURY) SO INTRODUCED.

COMMITTEE REPORTS

COUNCILMAN NOURY REPORTED ON THE AUDIT COMMITTEE'S RECOMMENDATIONS.

MOTION WAS MADE BY COUNCILMAN NOURY AND SECONDED BY COUNCILMAN WEBER TO EMPLOY A. CHARTIER AUDITING FIRM FOR A ONE YEAR PERIOD WITH THE POSSIBILITY OF EMPLOYING THIS FIRM FOR ANOTHER TWO YEARS.

COUNCILMAN NOURY STATED THAT THE FIRM OF LEO FOX HAS BEEN THE AUDITOR FOR THE PAST FIVE YEARS AND HAS AN EXCELLENT RECORD. HE FURTHER RELATED THAT ALL THE COMPANIES THAT BID WERE EXCELLENT. HE NOTED FOR THE COUNCIL THAT IT IS FISCALLY PRUDENT TO CHANGE AUDITING FIRMS EVERY FEW YEARS.

COUNCILMAN NOURY COMMENTED ON THE LICENSE COMMITTEE AND QUESTIONED MATTHEW OLIVERIO ON HIS CORRESPONDENCE RELATIVE TO THE NUDITY ORDINANCE.

MATTHEWS OLIVERIO GAVE A BRIEF OVERVIEW ON THE INCEPTION OF THIS ORDINANCE.

COUNCILMAN NOURY STATED THAT HE WAS UNDER THE IMPRESSION THAT HE HAD DIRECTED THE SOLICITOR TO DRAFT THIS LEGISLATION FOR CONSIDERATION AT THIS COUNCIL MEETING.

DISCUSSION ENSUED RELATIVE TO THIS MATTER.

OLD BUSINESS

STATUS OF AMERICAN COLOMBIAN LIQUORS (TABLED FROM 4/13/98)

STATUS OF VULCAO INCORRECTLY PLACED ON COUNCIL AGENDA, WILL BE ADDRESSED AT NEXT LIQUOR BOARD MEETING.

HECTOR SOLIS

763 HIGH ST.

D/B/A MUFFLER UNLIMITED

COUNCILMAN NOURY QUESTIONED MR. SOLIS EXTENSIVELY REGARDING PARKING AND PUBLIC URINATION ON THE PROPERTY. COUNCILMAN NOURY STATED THAT HE WAS PRESENT AT THE ZONING HEARING WHEN PARKING WAS DISCUSSED.

COUNCILMAN NOURY ASKED THE CITY SOLICITOR TO PREPARE A SUMMONS.

THE SOLICITOR ADVISED THE COUNCIL ON THE NECESSARY STEPS.

MR. SOLIS SPOKE ON HIS BEHALF AND REPLIED TO THE QUESTIONS POSED TO HIM.

DISCUSSION CONTINUED BETWEEN COUNCILMAN NOURY AND MR. SOLIS.

DISCUSSION CENTERED AROUND STORAGE OF VEHICLES AND STIPULATIONS PLACED ON HIM BY ZONING.

COUNCIL PRESIDENT CANAVAN STATED THAT THE ZONING BOARD STIPULATED THAT THERE WOULD BE NO OVERNIGHT STORAGE OF VEHICLES IN THE YARD. HE TOLD MR. SOLIS THAT HE WOULD HAVE TO GO BEFORE ZONING TO CHANGE THAT STIPULATION AND THE COUNCIL HAS NO SAY IN THAT MATTER.

COUNCILWOMAN MOREAU QUESTIONED MR. SOLIS ABOUT THE PLACEMENT OF VEHICLES INTO THE BUILDING WHEN A VEHICLE IS NOT FINISHED AND THIS WOULD SOLVE THE PROBLEM OF OUTSIDE STORAGE. SHE ALSO ASKED IF THE BUILDING HAD BATHROOM FACILITIES.

MR. SOLIS RESPONDED TO COUNCILWOMAN MOREAU'S COMMENTS.

COUNCIL PRESIDENT CANAVAN ADVISED MR. SOLIS THAT HE SHOULD ATTAIN THE SERVICES OF AN ATTORNEY TO SEEK A REMEDY THROUGH THE ZONING BOARD.

MR. SOLIS CONTINUED TO STATE HIS SIDE OF THE SITUATION. HE STATED THAT HE NEVER FELT THAT HE WAS IN VIOLATION OF ANY OF THE RULES OR LAWS WITH REGARD TO THIS BUSINESS.

NEW BUSINESS

COUNCILMAN WEBER COMMENTED ON THE BUDGET AND STATED THAT THE COUNCIL SHOULD RECEIVE IT BY FRIDAY. HE WILL THEN INFORM THE CLERK OF POTENTIAL MEETING DATES.

COUNCILMAN NOURY COMMENTED ON WDC COST FACTOR.

MATTHEW OLIVERIO RESPONDED AND EXPLAINED HOW ATTORNEY'S BILL THEIR CLIENTS AND HOW THE INFORMATION INVOLVED COULD COMPROMISE A CASE.

COUNCILMAN WEBER COMMENTED ON THE SUBJECT AND STATED THAT THE COUNCIL COULD WAIT SO THAT IT DOES NOT INJURE THE CASE.

MAYOR MATTHEWS SPOKE ON THIS ISSUE AND STATED THAT THE COUNCIL CAN BE INFORMED ABOUT THE CASE BY COMING TO THE OFFICE BUT HE EMPHASIZED THE NEED FOR DISCRETION WITH REGARDS TO THE INFORMATION AS THIS CASE IS STILL IN COURT.

COUNCILMAN NOURY STATED THAT HE WOULD LIKE A COPY OF THE LETTER WHICH GIVES BOND COUNSEL'S OPINION RELATIVE TO DEMOLITION AT RISK.

MAYOR MATTHEWS RESPONDED THAT THIS LETTER IS FROM THE ATTORNEY TO HIM AND IS SUBJECT TO ATTORNEY/CLIENT PRIVILEGE.

COUNCIL PRESIDENT CANAVAN STATED THAT THE COUNCIL NEEDS TO KNOW WHICH PIECE OF LEGISLATION IT IS ASKING FOR RELATIVE TO THIS BOND ISSUE, THE HOUSE VERSION OR THE SENATE BILL.

DISCUSSION ENSUED RELATIVE TO THIS ISSUE.

COUNCIL PRESIDENT CANAVAN READ THE ETHICS COMMISSION'S REPORT WITH REGARDS TO THE CITY COUNCIL'S COMPLAINT REGARDING MAYOR LAZIEH'S ADMINISTRATION.

COUNCIL PRESIDENT CANAVAN ASKED FOR UNANIMOUS CONSENT TO CONSIDER THIS ABATEMENT.

TRI-HAB INC. AT 51 CLAY STREET-LOOKING FOR A TAX ABATEMENT AS A NON-PROFIT.

COUNCILMAN NOURY EXPLAINED THIS REQUEST.

COUNCIL PRESIDENT CANAVAN COMMENT.

MOTION WAS MADE BY COUNCILMAN NOURY TO ABATE $4,055.53 FOR REASON OF BEING A NON-PROFIT. THEY MISSED THE DEADLINE FOR EXEMPTION BECAUSE THEY JUST PURCHASED THE PROPERTY BUT HAVE QUALIFIED AS A NON-PROFIT.

COUNCILMAN WEBER SECONDED THE MOTION.

MAYOR MATTHEWS QUESTIONED THE ABATEMENT. HE CAUTIONED THE COUNCIL ON THIS ISSUE.

COUNCIL PRESIDENT CANAVAN COMMENTED AND READ A LETTER FROM THE CITY ASSESSOR.

COUNCILMAN FERRI STATED THAT HE WOULD LIKE A LETTER OF CLARIFICATION FROM THE TAX ASSESSOR THAT WHAT THE CITY COUNCIL IS DOING IS PROPER.

COUNCILMAN FERRI MOTIONED TO TABLE SECONDED BY COUNCILWOMAN MOREAU.

COUNCILMAN NOURY'S MOTION AND SECONDED WERE WITHDRAWN.

COUNCILMAN NOURY COMMENTED ON OTHER ACTIONS THAT THE COUNCIL TAKES WITH REGARDS TO ABATEMENTS.

COMMENTS WERE EXCHANGED BETWEEN COUNCILMAN FERRI AND COUNCILMAN NOURY.

ROLL CALL ON MOTION TO TABLE

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

MR. HUGO MOLINA OF M & M AUTO REPAIR AT 96 BLACKSTONE ST. ARRIVED LATE AT THIS MEETING. UPON UNANIMOUS CONSENT THE APPLICATION WAS REMOVED FROM THE TABLE. MOTION TO APPROVE WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILWOMAN MOREAU.

COUNCILMAN FERRI QUESTIONED THE APPLICANT EXTENSIVELY. HE TOLD MR. MOLINA THAT THE COUNCIL HAS CONSIDERED THAT AREA NOTHING MORE THAN A DUMP AND EXPECTS THE APPLICANT TO CLEAN UP THE AREA. HE ALSO STATED THAT THERE WILL BE NO PARKING ON EITHER SIDE OF BLACKSTONE STREET NEAR THAT BUSINESS.

MR. MOLINA ASSURED THE COUNCIL THAT THIS BUSINESS WOULD BE CLEANED UP AND RUN ENTIRELY BETTER THAN THE PREVIOUS OWNERS.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

UNANIMOUS CONSENT WAS GIVEN TO CONSIDER THE FOLLOWING APPLICATION.

FRANK REYES

D/B/ A PRONTO EXPRESS

718 DEXTER ST.

MR. REYES EXPLAINED THE NATURE OF HIS BUSINESS WHICH INVOLVES MONEY TRANSFERS, PAGERS AND TELEPHONE BOOTHS FOR OVERSEAS COMMUNICATIONS. HE ALSO STATED THAT THIS BUSINESS HAS ACTUALLY BEEN IN OPERATIONS FOR

SEVERAL YEARS AND WAS FORMERLY KNOWN AS ORIENTAL REMESIS.

COUNCIL MEMBERS QUESTIONED THE APPLICANT.

MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

ADJOURN

MOTION TO ADJOURN WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILWOMAN MOREAU. ALL AGREED. SO VOTED.

___________________________________________

MARIE TWOHEY, ACTING DEPUTY CITY CLERK